This article explains and analyses key trends in the environmental jurisprudence of international courts and tribunals over the past decade. It starts by discussing the different jurisdictional bases that are available to bring environmental claims at the international level, as well as some of the problems that arise from the current consent-based system of international dispute settlement. The article then turns to examine the growing cross-fertilisation that is evident in the environmental case law. The article provides examples of this phenomenon in relation to the interpretation of substantive rules on environmental protection and in relation to the development of procedural mechanisms to deal with certain challenging aspects of environmental litigation.
- international environmental law
- international dispute settlement